Defendants in a patent case filed an Emergency Motion to Secure Trial Testimony of Unavailable Witness seeking leave to take a deposition in Hong Kong of a single witness. The Court granted the motion, with some caveats and observations.
Plaintiff sought to compel the defendants to produce information regarding their post-incident investigation. Judge Crone granted the motion in part, as set forth below, and provides a useful analysis of some not often encountered exceptions (and exceptions to exceptions) to the attorney work product doctrine dealing with witness statements.
Plaintiffs moved to quash subpoenas sent to third parties seeking bank records, arguing that they sought disclosure of confidential and proprietary business and personal information that was not relevant. Judge Mazzant agreed that the bank records were relevant to Plaintiffs’ damages claims, noting that comprehensive protective orders sufficiently assure the confidentiality of documents containing trade secrets or other confidential commercial information. Click through for a copy of the Court’s order. diamond 006